Application of Terms and Conditions
By using the services on the Website including but not limited to the online sale of product and use of the delivery or pick-up services (the “Services”) you are representing that you are 18 years of age or older. It is a parent or guardian’s responsibility to monitor their child’s use of the internet. The Services are intended for use by Sanagan’s customers and stakeholders residing in the greater Toronto area, and Sanagan’s makes no claim that Services are appropriate for users from outside of the GTA. Sanagan’s reserves the right to discontinue the Website and or the Services at any time for any reason.
You may choose to register an account with Sanagan’s via the Website (each, an “Account”) to facilitate purchasing of products and use of the Services. When registering for an Account, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) the accuracy of information that you provide to us; (b) maintaining the confidentiality of password or other account identifiers; and (c) all activities that occur under your Account. Further, you agree to notify us of any unauthorized use of your password or Account of which you become aware. Sanagan’s shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these requirements, or for any delay in shutting down or otherwise protecting your Account after you have reported a breach of security to us.
Purchase of Products and the Services on the Website
All amounts on the Website are in Canadian dollars.
By completing the checkout and submitting an order through the Website, you are agreeing to pay in full the estimated total price of all items selected and all applicable taxes, either by credit card or other permitted payment method. You may be required to provide additional information that is required to process your order. If you do not complete or improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of ordering and/or payment at any time.
Product and Services
Products. Not all products available in-store may be available online. Items listed on the Website may not be available or in-stock at all times for purchase. Sanagan’s reserves the right to correct, at any time, any pricing errors on the Website or in stores. While we endeavour to regularly update the Websites, prices, selection, and availability, including the availability of promotional offers, may vary and are subject to change without notice. Sanagan’s will not be responsible for any loss or damages arising from any update or change.
In cases where we custom-cut a product or select variable weight items (i.e. lbs/oz/kg/grams), the per item price you see on the Website is estimated based on the weight you select on the Website. The final price of these items will be based on the same price per weight indicated on the Website when you completed your checkout and submitted your order, but the final price is determined once we have prepared and weighed your order, and will appear in an email sent to the customer, as well as on the invoice at the time of the delivery. For such products, the prices you pay are always based on the actual final weight of your products. The estimated total price of an order includes a $20 refundable credit card hold. This hold is reserved to account for any increase in the price of the products due to overages in weight. If you are not satisfied with the final price and weight indicated in your email, you have the opportunity to remove the product from your order.
Due to the variation in weighed items and product availability, the list of products and prices available for sale on the Website constitutes only an offer to place an order, and not an offer to sell. Accordingly, an order confirmation does not constitute a sale. The sale is finalized when the assembly of your order at the selected store is complete and we have received your payment.
Sanagan’s shall not be responsible for the quality of, and disclaims any and all warranties and conditions (express or implied) for, any products after they leave the Sanagan’s premises. Notwithstanding the foregoing, if you receive a defective product that is identified immediately upon delivery or within one hour after pick-up, please contact us at firstname.lastname@example.org (for our location at 176 Baldwin Street) or email@example.com (for our location at 1513 Gerrard St East) and we will endeavour to rectify the situation. Any remedy for defective products is limited to replacement or refund.
Limitation of Services. Because Sanagan’s is a small business, we are subject to capacity limitations in respect of how many orders we can fulfill on any given day. Because of this, we can only accept a certain number of orders at each store per day via the Website. When the number of orders per day has reached the maximum Sanagan’s can fulfill, the next available delivery or pick-up date, as applicable, will be offered to you.
Your order will be fulfilled by the delivery date set out in your confirmation email, subject to an occurrence of an event that is out of Sanagan’s or the Courier’s control (and further subject to the terms of the Courier).
Pick-Up Services. By submitting your order, you agree to pick-up your order from your selected pick-up location and to pre-pay in full for your order prior to pick-up. You must pick-up your order during the timeslot and at the location you selected at the time of placing the order, and follow the required procedures indicated to you by Sanagan’s. You may be required to present an order confirmation number, along with valid government-issued identification, if applicable. Although we will make every effort to have your order ready for your pick-up during your selected timeslot, Sanagan’s shall not be liable if we fail to do so due to circumstances beyond our control. Please properly store your order within one hour after you have picked up your order. Sanagan’s is not responsible for and cannot guarantee the quality of any products once they have left the Sanagan’s premises.
Refusal of Service. Without limiting the generality of these Terms, we reserve the right to limit or refuse any order you place on the Website. Further, we reserve the right to verify the validity of all orders and to cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms. Sanagan’s may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing address.
Sanagan’s may offer promotions from time to time on the Website. Some offers may be informational, online only, and not available in-store. Not all offers and/or promotions available in-store may be available on the Website. Please review the details and terms associated with each special offer.
At this time, we do not have the functionality to link your Sanagan’s Rewards Program Points (the “Rewards Points”) to your Account. If at any point, when the functionality is available, you link your Rewards Points to your Account, you give Sanagan’s and our current Reward Points company, Five Stars Loyalty, Inc. permission to access all data related to your Account, including your past purchases and personal information. At all times, whether linked to your use of the Website or not, the Rewards Points are subject to the terms and conditions of Five Stars Loyalty Inc. If at any time you redeem any Rewards Points or gift cards, this will be reflected at checkout and is subject to validation and any redemption requirements. Sanagan’s reserves the right to suspend redemption or terminate altogether the Rewards Points program or other offer at any time. Sanagan’s is not responsible for and disclaims any and all warranties and conditions (express or implied) related to the Rewards Points. Sanagan’s reserves the right to change the Rewards Points company and/or program at any time.
From time to time, Sanagan’s may offer our customers the opportunity to participate in contests, or other promotions as decided by Sanagan’s. In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with the particular promotion to determine your eligibility and any participation requirements.
Risks Associated with the Internet
The Website is accessible to you based on its availability. Sanagan’s makes reasonable efforts to maintain the Website free of errors, interruptions and viruses. However, Sanagan’s makes no warranties, either express or implied, that the Website will be fully accessible, operate without interruption, virus, or error, or in a secure and timely manner, that the information contained on the Website is accurate and without error nor that defects in the software and applications, if any, will be rectified. You will be fully responsible for any damage to your computer and for any loss of data that may result from use of the Website or any third party sites or services (including without limitation the Payment Processor) accessed via the Website.
Additionally, Sanagan’s does not warrant, guarantee, or make any representations whatsoever regarding the security of Accounts, or that the Website is free from destructive materials including, but not limited to, computer viruses, hackers, or other technical sabotage. Sanagan’s makes commercially reasonable efforts to ensure third parties (other than those you agree to pass your information to via the Website including any Payment Processor) will not access or obtain personal information through the Website; however, complete confidentiality and security cannot be guaranteed on the internet. Use of the internet is subject to interception, loss, or alteration.
You acknowledge and accept that your use of the Website is at your sole and entire risk. You acknowledge and agree that Sanagan’s is not responsible for damages resulting from the transmission of confidential information or personal information over the internet and that such communications are at your own risk. You are fully responsible for protecting the confidentiality of any actions undertaken using your identification. Moreover, you are responsible for immediately notifying Sanagan’s about any unauthorized use of your Account and any other security breach you are aware of, as well as for taking every possible precaution to ensure that you use the Website under optimal security conditions.
Third Party Websites and Conditions of Use
The Website employs the use of third party online services and contains links enabling users to visit external websites owned and operated by third parties. Sanagan’s has no control over these external websites or their content. You shall not hold Sanagan’s responsible for any damages that you may incur when you are redirected to another website or embedded service by way of the Website or use of the Services. The presence on the Website of access to a third party site or service shall under no circumstances be interpreted as a partnership or affiliation with the owner/operator of any such site and/or as an endorsement by Sanagan’s of any service or information contained in any such site or service. In addition to those specified in these Terms, you may be required to comply with additional conditions of use specific to certain programs, offers, promotions, services, social media, third party content and third party software that will applicable at the time that you access such programs, offers, promotions, services, social media platforms, content and software.
Use of Website Information
The content displayed on Website is provided for informational purposes only, unless otherwise stated. Sanagan’s makes no warranties, either express or implied, that the quality of the content will meet your expectations and that the information, which may include advertising, recipes, and nutritional tips, is appropriate to your needs and condition. Additionally, the products and the Services contained on or referenced in the Website are provided to you on an “as is” and “as available” basis with no warranty. Sanagan’s does not warrant or guarantee the accuracy, adequacy, or completeness of the content on the Website, and expressly disclaims liability for any errors and/or omissions in such content. To the maximum extent permitted by law, Sanagan’s disclaims all representations and warranties of any kind, whether expressed, implied or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
Termination of Use of the Website
Sanagan’s reserves the right at any time and without prior notice to terminate your right to access the Website or to close your Account for any reason determined in its sole discretion, including without limitation for violation of these Terms or the law or for protection of privacy.
All the content of the Website, including the text, logos, images, drawings, graphics, illustrations and photographs, as well as design and the selection and arrangement of such elements is owned or used under licence by Sanagan’s. Any unauthorized use of the content of the Website, including all reproduction, distribution or redistribution, transmission or retransmission, communication to the public, distribution to the public and/or downloading is prohibited without the prior written consent of Sanagan’s. The Website includes trademarks (including the Sanagan’s Meat Locker word mark and the Sanagan’s cleaver design), registered or unregistered, belonging to Sanagan’s or third parties. The trademarks displayed on the Website may only be used with prior written consent of Sanagan’s or their respective owners.
By accessing the Website, you agree to defend, indemnify, and hold Sanagan’s and its affiliates, and their respective shareholders, officers, directors, employees, agents, representatives, and contractors, harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Website, the Services, or any breach of these Terms. This provision shall survive the termination of these Terms and the Website.
Limitation of Liability
Without limiting the foregoing, Sanagan’s shall not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations that is caused by events out of our reasonable control.
Sanagan’s reserves the right to correct any inaccuracies or typographical errors in the content posted on the Website, and shall have no liability for such errors. Content may be changed or updated without notice and prices and availability of products and the Services are subject to change without notice.
In the event that any provision(s) contained within these Terms is/are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of these Terms, and these Terms shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had not been included in these Terms.
Sanagan’s failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any term, provision, right or obligation.
The Website, the Services, and your use of the foregoing shall be governed by the laws of Ontario and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the exclusive jurisdiction of the courts of Ontario, located in Toronto. Content on this Website is intended for use only in Ontario and no offer, use, or sale is intended where prohibited by law.